A Senior Advocate of Nigeria (SAN), Ayotunde Ogunleye, has affirmed that Kayode Egbetokun’s continued tenure as Inspector General of Police (IGP) is legally valid, dismissing claims that his stay in office is unlawful due to age limitations.
The controversy surrounding Egbetokun’s position stems from concerns that, at over 60 years old, he should have retired according to public service rules.
However, Ogunleye, speaking on Politics Today on Channels Television, argued that Egbetokun’s position is legally sound, citing recent amendments to the Police Act.
“My opinion is that upon a proper appreciation of the law – particularly taking into consideration the amendment to the Police Act in 2024 and the declaration issued by the Office of the Honorable Attorney General – Kayode Egbetokun is legitimately occupying his office,” Ogunleye stated. “That is the law.”
The debate over Egbetokun’s legitimacy has been fueled by critics like Omoyele Sowore, the presidential candidate of the African Action Congress (AAC).
Sowore has repeatedly described Egbetokun’s tenure as “illegal,” referencing the public service retirement age of 60 years or 35 years of service.
However, Ogunleye rejected these claims as merely “opinions,” emphasizing that no court had ruled Egbetokun’s position as illegal.
“The court has not declared that office illegal or that the occupant is occupying it illegally. It is therefore wrong for anybody to assume the position of adjudication and make such a bold statement which is his own opinion,” he said.
Sowore, while entitled to his opinion, has been cautioned against confusing personal views with legal facts.
Ogunleye added, “What we should not do is mistake our opinions and use them to replace facts and law because that would in itself be wrong.”
The Police Service Commission had previously instructed senior officers above the age of 60, or those with over 35 years of service, to retire.
However, Ogunleye pointed out that the PSC does not have the authority to retire the IGP.
Egbetokun, appointed as IGP in June 2023 and confirmed as the substantive police chief by the National Police Council in October 2023, was expected to retire in September 2024 when he turned 60.
Despite this, Section 7 of the Police Act 2020 stipulates that the IGP serves a four-year term, which would extend beyond Egbetokun’s 60th birthday.
